Social security is not divisible in a Colorado divorce but it can be used as an economic circumstance.
In addition to the Colorado Appeals Marriage of Morehouse case (121 P.3d 264 (Colo.App. 2005)), the Montana Marriage of Smith case (358 P.3d 171 (Mt. 2015)) is consistent.
In particular social security should be considered when a Colorado PERA Participant is assigning a portion of a PERA retirement benefit to an Alternate Payee who pays into social security and receives social security.
For example, the Railroad pension is split into Tier I and Tier II benefits because those Participants do not pay into social security and they do not receive social security. Tier I is the social security replacement portion which is not assignable in a divorce. Tier II is assignable. The Colorado Appeals case Zappanti (80 P.3d 889) confirmed that the Tier I portion is not assignable.
Similar to the Railroad pension, Colorado PERA Participants do not pay into social security and they do not receive social security. The PERA retirement benefit should be split into two Tiers just like the Railroad pension. The PERA social security replacement portion should not be assignable in a Colorado divorce or legal separation.